How Long Can You Receive Workers’ Compensation Benefits in Pennsylvania?

In Pennsylvania, any employee who suffers a work-related injury or illness is eligible to receive workers’ compensation benefits. The Pennsylvania Workers’ Compensation Act governs how benefits are distributed and the duration of their availability. The length of time you can collect workers’ compensation benefits depends on the nature of your injury and the severity of your disability. While you may receive medical benefits for as long as necessary, the duration of wage loss benefits varies based on your level of disability.

Understanding the Levels of Disability

1. Temporary Total Disability (TTD)
2. Permanent Total Disability (PTD)
3. Permanent Partial Disability (PPD)

Temporary Total Disability (TTD)

As implied by the term, temporary total disability assumes that your condition is temporary and that you will be able to return to work at some point. If you are classified under this level of disability, you can collect wage loss benefits for a maximum of 90 days.

Permanent Total Disability (PTD)

If your condition prevents you from returning to work entirely, you may be classified as permanently totally disabled. After 104 weeks of receiving benefits, your employer may request that you undergo an Impairment Rating Evaluation (IRE). This evaluation will reassess your condition to determine if you meet the criteria for permanent disability. If the IRE finds that your impairment is less than 35%, your status could be changed to partial disability, which could reduce your benefits.

Permanent Partial Disability (PPD)

If you are permanently disabled but have less than a 35% impairment rating, you are classified as having a permanent partial disability. In this case, you can collect wage loss benefits for up to 500 weeks. Similar to PTD, your employer may request an IRE during this 500-week period. If the IRE determines that you are more than 35% impaired, you can petition to have your status changed to permanent total disability, potentially extending your benefits.

How Are Wage Loss Benefits Calculated?

If you qualify for wage loss benefits, payments are made on a weekly basis. The Pennsylvania Department of Labor and Industry provides pre-determined wage loss benefits based on your average weekly wages prior to the injury. If you were injured in 2024, your benefits are calculated as follows:

• If you earn less than $736.10 per week, you are entitled to 90% of your pre-injury wages.
• If you earn between $736.11 and $993.75, you will receive a flat rate of $662.50.
• If you earn between $993.76 and $1,987.50, you are entitled to 66 2/3% of your pre-injury wages.

The maximum benefit amount for 2024 is capped at $1,325.00 per week. For more information or if you were injured prior to 2024, consult the Pennsylvania Department of Labor and Industry wage charts.

How Workers’ Compensation Benefits Can Be Terminated

There are several ways in which your workers’ compensation benefits can be stopped:

1. Returning to Work: If you return to work, regardless of the employer, your total disability benefits will cease. If you are earning the same or more than your pre-injury wages, your benefits will be suspended. However, if you are earning less than your pre-injury wages, your benefits will change from total to partial disability.
2. Settlement of the Case: If your case settles, you will likely receive a lump-sum payment from the insurance company. After receiving this payment, you will not be entitled to any additional benefits, even if your condition worsens. You will be required to sign a Compromise and Release Agreement (C&R), which outlines the settlement terms and confirms that you are waiving the right to future workers’ compensation benefits for this injury. A judge must approve the C&R at a settlement hearing, where you will testify that you understand you will no longer be entitled to workers’ compensation benefits for this injury once the agreement is approved.
3. Termination, Suspension, or Modification of Benefits by the Insurance Company: The insurance company may file a petition to terminate, suspend, or modify your benefits. A workers’ compensation judge will decide whether to grant the petition at the conclusion of litigation. If the judge terminates your benefits, not only will your weekly payments stop, but you will also no longer be eligible for medical treatment related to your injury.

Talk to a Philadelphia Workers’ Compensation Lawyer

The length of time you can receive workers’ compensation benefits in Pennsylvania depends on your injury, disability status, ability to return to work, and whether the insurance company challenges your claim.

It’s also important to know that wage-loss benefits generally do not begin until after you’ve missed seven days of work. However, if you are disabled for more than 14 days and reported your injury on time, you may be entitled to retroactive benefits for that initial seven-day period.

At Stern & Cohen, our Philadelphia workers’ compensation lawyers help injured workers throughout Pennsylvania protect their benefits and navigate complex workers’ compensation claims.

If you have questions about how long workers’ compensation benefits can last or are facing a challenge to your benefits, contact Stern & Cohen today for a free consultation.

FAQs